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The Surface Rights Act

C.C.S.M. c. S235

The Surface Rights Act

1 Definitions
PURPOSES
2 Purposes of Act
3 Crown bound
4 (1) Conflict with other Acts
(2) Repealed
5 Conflict between Act and other instruments
SURFACE RIGHTS BOARD
6 (1) Establishment of board
(2) Term of office
(3) Presiding and deputy presiding member
(4) Remuneration and expenses
(5) Meetings
(6) Quorum
(7) Validity of acts where vacancy exists
(8) Duties of presiding member
(9) Duties of deputy presiding member
(10) Evidence as to signature of presiding member, etc.
(11) Appointment of another person in case of interest
(12) Appointment of substitute member
(13) Appointment of secretary and employees
7 (1) Rules of board
(2) Form of notice
(3) Rules of evidence
(4) Evidence under oath
8 Sitting of and inspection by board
9 General powers of board
10 Powers of board
11 Duty to keep records
12 (1) Powers of board under Evidence Act
(2) Application of section 88 of Evidence Act
13 Liability of members, officers, etc.
14 Reports by one member
15 Annual report
RIGHT OF ENTRY AND COMPENSATION
16 (1) Right of entry with lease or order
(2) Right of operator to repair, etc.
(3) Compensation for exercise of rights
(4) Board may determine compensation
17 (1) Operator to file agreement with board
(2) Operator to file and deliver notice of assignment
18 (1) Waiting period
(2) Waiver of waiting period
19 Leases or agreements available for inspection
20 (1) Granting of rights on adjacent or other lands
(2) Compensation to be paid by operator
21 (1) Application to board for hearing
(2) Contents of notice
22 Deemed submission to board for hearing
23 Service of notice
24 Effective date of service
25 (1) Notice of hearing
(2) Board may view site
(3) Notice of viewing
(4) Powers of board following hearing
(5) Restriction upon scope of order
(6) Board may defer determination
(7) Rehearings and revisions
(8) Decision within 30 days
26 (1) Determination of compensation
(2) Costs of hearing
(3) Costs in discretion of board
(4) Costs where offer less than 90%
(5) Costs where offer more than award
27 (1) Interim order for surface rights
(2) Objection by owner or occupant
(3) Board shall hold hearing
(4) Undue hardship
(5) Terms and conditions of interim order
28 No duplicate compensation
29 Application for variation of order
30 Application for change in compensation after lease
31 When applications for change not to be made
32 Board to determine compensation
33 (1) Variation order to benefit current owner
(2) Applications for variation of Mining Board order
34 (1) Termination of right of entry
(2) Board to fix date of hearing
(3) Order terminating right of entry
(4) Consent of operator
ABANDONMENT
35 Abandonment or surrender of rights
36 Restoration
37 Application to the board
38 Hearing before the board
39 (1) Contents of order
(2) Additional compensation
40 Power of board where operator satisfies obligation
41 Termination of compensation
42 Removal of caveats
LIABILITY FOR TORTIOUS ACTS
43 Definition
44 (1) Liability for certain tortious acts
(2) Operator liable notwithstanding assignment of rights
45 Notice of loss or damage to operator
46 (1) Determination of compensation where no agreement
(2) Application of section 25 to hearing
(3) Limitation on application under subsection (1)
(4) Claim barred where application is late
47 Prima facie evidence of tortious act
APPEAL
48 (1) Grounds of appeal
(2) Board orders final
(3) Referral back to board
(4) Leave to appeal
49 Transmission of material to court
50 Stay of proceedings
GENERAL
51 Where owner or occupant cannot be found
52 (1) Application to determine compensation
(2) Retention of deposit
(3) Repealed
53 (1) Compensation payment
(2) Disposition of deposit
(3) Deposit of money
54 Rehearing of application re compensation only
55 (1) Operator's responsibility to cut down weeds
(2) Failure of operator to cut down weeds
(3) Board may order operator to cut down weeds
(4) Limitation on time of application to cut down weeds
(5) Apportionment of compensation among operators
56 Topsoil
57 Filing and enforcement of order
58 Order as judgment of court
59 Order of board need not show board's jurisdiction
60 Assignment of order
61 Service of copy of order
62 Orders and agreements run with land
63 (1) Filing of caveat
(2) Address for service to be shown on caveat
64 (1) Registering and vacating order under Registry Act
(2) Costs of application
65 Department to provide document without charge
66 Fee for service at land titles office
67 Penalty for failure to file agreement
68 Regulations
69 Reference in CCSM
70 Repeal
71 Commencement of Act